240 Continental Drive Suite 200 Newark, Delaware 19713...

Tt Project No. 200-26912-17003 Addendum No. 1 Page 1

Addendum No. 1

240 Continental Drive

Suite 200

Newark, Delaware 19713

Tel. (302) 738–7551

Fax (302) 454-5980

...............................................................................................................................................................................

Delaware Department of Correction

Morris Community Corrections Center – Stair Tower Alterations

Dover, Delaware

OMB/DFM Contract No.: MC3806000008

Tt Project No. 200-26912-17003

Addendum No. 01

to

Drawings and Project Manual

March 8, 2018

..............................................................................................................................................................................................

To: ALL BIDDERS

This ADDENDUM forms a part of the BIDDING AND CONTRACT DOCUMENTS and modifies the following

documents:

Original DRAWINGS dated March 6, 2018

PROJECT MANUAL dated March 6, 2018

Acknowledge receipt of the ADDENDUM in the space provided on the FORM OF PROPOSAL

This ADDENDUM consists of two (2) pages and the following:

CLARIFICATIONS FROM PRE-BID MEETING

ITEM 1-C-1: The attached Pre-bid Meeting Information was reviewed and the following information was

discussed in the March 6, 2018 MANDATORY PRE-BID MEETING.

ITEM 1-C-2: See the attached Pre-Bid Meeting Sign in Sheet for attendees and the attached Register of Bid

Documents for a list of Contractors whom have purchased sets.

ITEM 1-C-3: The Bid Form – Subcontractor List from the Project Manual was reviewed and the seven (7) Sub-

Contractor listed as follows: Carpentry, Masonry, Doors & Windows, Roofing, Mechanical, Fire

Protection, and Electrical. The Subcontractor List was agreed to by all attendees.

PROJECT MANUAL MODIFICATIONS

ITEM 1-C-4: Section 00 41 13 BID FORM

REPLACE Specification Section in its entirety with revised Bid Form attached to this addendum.

ITEM 1-C-5: Section 00 81 13 GENERAL CONTRACTING REQUIREMENTS

REPLACE Specification Section in its entirety with revised Section 00 81 13 GENERAL

CONTRACTING REQUIREMENTS attached to this addendum.

Tt Project No. 200-26912-17003 Addendum No. 1 Page 2

ITEM 1-C-6: Section 00 81 14 DRUG TESTING FORMS

REPLACE Specification Section in its entirety with revised Section 00 81 14 DRUG TESTING

FORMS attached to this addendum.

ITEM 1-C-7: Section 01 10 00 SUMMARY

DELETE specification section 01 10 00 SUMMARY, paragraph 1.5.A.3.a. in its entirety and ADD

the following: “1.5.A.3.a. Modify and extend the existing building Automatic Sprinkler System

piping adjacent to the Stair Tower Enclosures into the same.”

DRAWING MODIFICATIONS

ITEM 1-C-8: Drawings G-001 COVER SHEET, AD-101 DEMOLITION ROOF PLAN, A-141 ROOF PLAN –

NEW WORK, AND A-501 ROOF DETAILS.

ADD the following note to ALL drawings in the set.

“IMPORTANT - DO NOT DISTRIBUTE

NOTE: THESE DRAWINGS ARE CONFIDENTIAL FOR OFFICIAL USE ONLY, NOT FOR

PUBLIC DISTRIBUTION. A DETERMINATION HAS BEEN MADE THAT THE

PUBLICATION OF THESE PLANS COULD COMPR0MISE PUBLIC SAFETY AND ARE NOT

AVAILABLE PURSUANT TO DELAWARE CODE, TITLE 29, § 10002 (I)(17)(a)(2) AND (3).”

ITEM 1-C-9: Drawing A-100 PLANS, ELEVATIONS, AND SECTIONS

Add the following note to Details 7 and 10 on Sheet A-100: “Prepare, prime and paint as required

the existing hollow metal doors and frames which separate the main building from the Stair Tower

on all three (3) levels in all three (3) Stair Towers.”

ATTACHMENTS

PRE-BID BID INFORMATION, dated 03/06/18 (3 pages).

PRE-BID SIGN IN SHEET, dated 03/06/18 (1 page).

REGISTER OF BID DOCUMENTS, as of 03/08/18 (1 page).

STATE OF DELAWARE DEPARTMENT OF CORRECTIONS – SECURITY CLEARANCE APPLICATION (6

pages)

Specification Section 00 41 13 BID FORM

Specification Section 00 81 13 GENERAL CONTRACTING REQUIREMENTS

Specification Section 00 81 14 DRUG TESTING FORMS

END OF ADDENDUM

J:\IER\26912\200-26912-17003\Construction\BidSupport\Addenda\Addendum No 1\Addendum 1.doc

Page 1 of 3

Pre-Bid Information

........................................................................................................................................................................................................................ Meeting Date: Tuesday March 6, 2018 @ 10:00 a.m. Prepared By: Mark Reynolds Tt Project No.: 200-26912-17003 Morris CCC Stair Tower Alterations / MC3806000008 Regarding: General Pre-Bid Information

........................................................................................................................................................................................................................

Item Number

Item

1. Project involves the weatherization of three existing stair towers by constructing a new roof enclosure at the top landings at the Morris Community Corrections Center in Dover, Delaware. The exterior of the new enclosures are designed to blend with the Georgian Style of the Building. The materials used on the walls include brick and painted siding with various painted trim profiles. The new enclosures extends the profile of the existing roof gable out to the end wall of the stair tower. To achieve the required head height at the new side walls, the roof is a shed dormer with the exterior wall finish of the dormers being painted siding. Mechanical upgrade includes a new exhaust system to manage summer time heat buildup in the stair towers. Fire Suppression upgrades to modify and extend the existing building Automatic Sprinkler System piping adjacent to the Stair Tower Enclosures into the same. Electrical and Fire Alarm upgrades as required for the Stair Towers. Project will be constructed under a single prime contract.

2. This is a mandatory Pre-Bid Meeting and Bidders are limited to those in attendance that are prequalified.

3. Project documents can be purchased at Tetra Tech’s office for a non-refundable handling fee of $100 per set.

4. Sealed bids for this project will be received by the State of Delaware, Office of Management and Budget, Division of Facilities Management, at the Thomas Collins Building, 540 S. DuPont Highway, Suite 1 (Third Floor), Dover, DE 19901 until 2:30 p.m. local time on Thursday, March 29, 2018, at which time they will be publicly opened and read aloud. Bidder bears the risk of late delivery. Any bids received after the stated time will be returned unopened.

5. The Wage Rates for this project shall be as determined by the Delaware Department of Labor and Division of Industrial Affairs for Kent County. A certified copy has been included in the Project Manual. However, Contractors are responsible to contact the Delaware Department of Labor to receive verification of the most current Wage Rate Scale. Change order requests will be based upon these rates and the actual number of hours required to complete the work.

6. Only plan holders who purchased bid document sets from Tetra Tech will receive the ADDENDAS.

7. All discrepancies, questions or requests for clarifications or interpretations must be submitted to the Architects office at least seven (7) days prior to bid due date, Friday, March 23, 2018. Submit e-mails to Mark Reynolds attention at

Page 2 of 3

[email protected]

8. Insurance requirements are listed in Section 00 81 13 General Contracting Requirements

9. Contractor must list themselves as the Subcontractor for all work which they propose to accomplish. All subcontractors doing work on this project will need to be listed on the bid form.

10 A Bid Security, in the amount of ten percent (10%) of the total amount of the Base Bid plus all additive alternates is required.

11. No Addenda will be issued later than four (4) days prior to the date for receipt of Bids, except an Addendum withdrawing the request for Bids or one which extends the time or changes the location for the opening of bids, which shall be March 26, 2018.

12. Each Bidder shall ascertain prior to submitting their Bid that they have received all Addenda issued, and shall acknowledge their receipt of each addenda in the Bid in the appropriate space. On the Bid Form the Contractor shall list each Addendum separately (i.e.: 1, 2, and etc.). Contractor’s shall fill out the Bid Form completely, do not leave any blanks.

13. The Schedule of Values shall include a line item for the submission of the Project Closeout Documents. The value of this item shall be no less than 1% of the initial contract amount.

14. The Contractor must submit certified weekly payroll receipts directly to the Delaware Department of Labor as required.

15. The Front End Specifications requires a two (2) year Warranty and Guarantee Period after acceptance by the Owner.

16. The Front End Specifications, the Performance and Labor & Material Payment Bonds shall be maintained in full force (warranty bond) for a period of two (2) years after the date of the Certificate for Final Payment.

17. All potential change orders need to be immediately brought to the attention of the Architect. Change orders must be approved prior to any work being done.

18. Facility restrooms are not available. Port-O-Sans will be required and shall be locked at all times.

19. Normal working hours are between 7:00 a.m. to 3:00 p.m., Monday thru Friday. No work on Saturdays and Sundays.

20. Contractors are required to sign in each morning before starting work.

21. All vehicles and tool boxes shall be locked at all times. A list of tools must be supplied with each truck and/or gang box. Inventory shall be taken by the Contractors at the end of each work day. Correctional Officers reserve the right to inspect and inventory all trucks and gang boxes. Report all missing tools immediately. Leave all unnecessary tools at the shop.

22. Contractors are advised that only limited movement will be permitted while inside the compound.

23. All utility shutdowns must be coordinated with DOC Maintenance.

mailto:[email protected]

Page 3 of 3

24. No dumping will be allowed on the project site. Trash, debris and waste must be removed from the compound daily and from the site as required or directed. Dumpster location to be coordinated at the Pre-Construction Meeting.

25. The contingency allowance of $15,000.00 is to be included in your base bid.

26. Alternate No. 1: Lighting shall be provided per requirements outlined in Specification Section 01 23 00.

27. The Pre-Bid walk-through for this project is scheduled for Tuesday, March 20, 2018 at 10:30 a.m. It is requested that all contractors complete the form and must have their security clearance applications submitted by email directly to Ernest Kulhanek at [email protected] by Monday, March 12, 2018, close of business (COB), to allow time for the security clearance process. In addition, provide Mark Reynolds [email protected] and Dean Seely [email protected] the list of employees (not the DOC Security Clearance forms) you plan on having attend the site visit by Monday, March 12, 2018 COB. All contractors are to be at the site by 10:30 a.m, if you are not there by then, you will not be permitted into the facility.

28. The Bid Form – Subcontractor List shall be reviewed, which list seven (7) Sub-Contractor as follows: Carpentry, Masonry, Doors & Windows, Roofing, Mechanical, Fire Protection, and Electrical. Any questions or comments?

29. Contractors are required by the State of Delaware, as of the beginning of 2016 to have a Drug Testing Program that must comply with the State of Delaware’s requirements and sign the Bid Form – Affidavit of Employee Drug Testing Program

in acknowledgement. As of the beginning of 2018 The Prime Contractor shall be required to fill-out and sign the Bid Form – Affidavit of Employee Drug Testing Program in acknowledgement regarding the Prison Rape Elimination Act (PREA).

30. Only the Prime Contractor is required to submit a copy of their Delaware Business License at the time of Bid Opening.

31. The Awarded Contractor’s crew which needs access to the Project’s site inside the facility shall be required to sign the Affidavit that is attached to the Security Clearance Form.

32. Morris Community Corrections Center (MCCC) is a work release center, so people will be coming and going from the facility most of the day.

33. Contractor, all their Subcontractors and Manufacturer’s Representatives shall follow all Department of Corrections (DOC) rules and regulations. While on site the Contractor shall follow all instructions provided by the DOC’s Correctional Officer or Maintenance Department Escort.

34. The Project is within the City of Dover for both Building Inspection and Fire Marshal. Tetra Tech has met with both agencies and they are aware of this Project. The Contractor’s shall be responsible for all Permits and Inspections as required by the Authorities Having Jurisdiction.

35. Dean Seely (DFM) noted that security is the top priority at the DOC’s facility, and Contractors shall follow all DOC Rules and Regulations. See attached State of Delaware Department of Corrections – Security Clearance Forms. Contractor shall submit ALL sheets, even those left blank for DOC review when sending in for approval.

36. Project start schedule was reviewed, with the State DFM/DOC looking for a spring of 2018 start.

J:\IER\26912\200-26912-17003\Construction\BidSupport\26912-17003 Morris CCC Stair Tower Alterations - Pre-bid Information-Agenda_03-06-18.doc



STAIR TOWER ALTERATIONS

AT THE

MORRIS COMMUNITY CORRECTIONAL CENTER

300 WATER STREET

DOVER, DELAWARE 19904

OMB/DFM CONTRACT MC3806000008

Tetra Tech BID FORM

200-26912-17003 Addendum No. 1 00 41 13 -1

BID FORM

For Bids Due: (DATE) To: State of Delaware

Office of Management and Budget

Division of Facilities Management

Thomas Collins Building, 3rd Floor, Suite 1

540 S. DuPont Highway

Dover, DE 19901

Name of Bidder:

Delaware Business License No.: Taxpayer ID No.:

(A copy of Bidder’s Delaware Business License must be attached to this form.)

(Other License Nos.):

Phone No.: ( ) - Fax No.: ( ) -

The undersigned, representing that he has read and understands the Bidding Documents and that this bid is made in accordance

therewith, that he has visited the site and has familiarized himself with the local conditions under which the Work is to be performed,

and that his bid is based upon the materials, systems and equipment described in the Bidding Documents without exception, hereby

proposes and agrees to provide all labor, materials, plant, equipment, supplies, transport and other facilities required to execute the

work described by the aforesaid documents for the lump sum itemized below:

$

($ )

ALTERNATES

Alternate prices conform to applicable project specification section. Refer to specifications for a complete description of the following

Alternates. An “ADD” or “DEDUCT” amount is indicated by the crossed out part that does not apply.

ALTERNATE No. 1: Replace existing stair lighting with new LED lighting.

Add/Deduct:

($ )

ALLOWANCE CERTIFICATION

Allowance # 1 Certification

We/I confirm that a General allowance in the amount of $ 15,000.00 has been include in the Contractor’s Base Bid price to be used at

the owners discretion

$ (Date and Initial)

UNIT PRICE - NA


AT THE


300 WATER STREET



BID FORM Tetra Tech

00 41 13 -2 Addendum No. 1 200-26912-17003

BID FORM

I/We acknowledge Addendums numbered and the price(s) submitted include any cost/schedule impact they may have.

This bid shall remain valid and cannot be withdrawn for thirty (30) days from the date of opening of bids (60 days for School Districts

and Department of Education), and the undersigned shall abide by the Bid Security forfeiture provisions. Bid Security is attached to

this Bid.

The Owner shall have the right to reject any or all bids, and to waive any informality or irregularity in any bid received.

This bid is based upon work being accomplished by the Sub-Contractors named on the list attached to this bid.

Should I/We be awarded this contract, I/We pledge to achieve substantial completion of all the work within calendar days of

the Notice to Proceed.

The undersigned represents and warrants that he has complied and shall comply with all requirements of local, state, and national

laws; that no legal requirement has been or shall be violated in making or accepting this bid, in awarding the contract to him or in the

prosecution of the work required; that the bid is legal and firm; that he has not, directly or indirectly, entered into any agreement,

participated in any collusion, or otherwise taken action in restraint of free competitive bidding.

Upon receipt of written notice of the acceptance of this Bid, the Bidder shall, within twenty (20) calendar days, execute the agreement

in the required form and deliver the Contract Bonds, and Insurance Certificates, required by the Contract Documents.

I am / We are an Individual / a Partnership / a Corporation

By Trading as

(Individual’s / General Partner’s / Corporate Name)

(State of Corporation)

Business Address:

Witness: By: ( Authorized Signature )

(SEAL)

( Title )

Date:

ATTACHMENTS Sub-Contractor List

Non-Collusion Statement

Affidavit of Employee Drug Testing Program

Bid Security

(Others as Required by Project Manuals)


AT THE


300 WATER STREET



Tetra Tech BID FORM

200-26912-17003 Addendum No. 1 00 41 13 -3

BID FORM

SUBCONTRACTOR LIST

In accordance with Title 29, Chapter 6962 (d)(10)b Delaware Code, the following sub-contractor listing must accompany the bid submittal. The name and address of the sub-

contractor must be listed for each category where the bidder intends to use a sub-contractor to perform that category of work. In order to provide full disclosure and acceptance

of the bid by the Owner, it is required that bidders list themselves as being the sub-contractor for all categories where he/she is qualified and intends to perform such

work. This form must be filled out completely with no additions or deletions.

Subcontractor Category Subcontractor Address (City & State) Subcontractors tax payer ID #

1. Carpentry

2. Masonry

3. Doors & Windows

4. Roofing

5. Mechancial

6. Fire Protection

7. Electrical


AT THE


300 WATER STREET



BID FORM Tetra Tech

00 41 13 -4 Addendum No. 1 200-26912-17003

BID FORM

NON-COLLUSION STATEMENT

This is to certify that the undersigned bidder has neither directly nor indirectly, entered into any agreement, participated in any collusion or

otherwise taken any action in restraint of free competitive bidding in connection with this proposal submitted this date (to the Office of

Management and Budget, Division of Facilities Management).

All the terms and conditions of MC3806000008 have been thoroughly examined and are understood.

NAME OF BIDDER:

AUTHORIZED REPRESENTATIVE

(TYPED):

AUTHORIZED REPRESENTATIVE

(SIGNATURE):

TITLE:

ADDRESS OF BIDDER:

E-MAIL: ______________________________________________________________

PHONE NUMBER:

Sworn to and Subscribed before me this day of 20 .

My Commission expires . NOTARY PUBLIC .

THIS PAGE MUST BE SIGNED AND NOTARIZED FOR YOUR BID TO BE CONSIDERED.


AT THE


300 WATER STREET



Tetra Tech BID FORM

200-26912-17003 Addendum No. 1 00 41 13 -5

AFFIDAVIT

OF

EMPLOYEE DRUG TESTING PROGRAM

4104 Regulations for the Drug Testing of Contractor and Subcontractor Employees Working on Large Public Works Projects requires that

Contractors and Subcontractors implement a program of mandatory drug testing for Employees who work on Large Public Works Contracts

funded all or in part with public funds.

We hereby certify that we have in place or will implement during the entire term of the contract a Mandatory Drug Testing Program for our

employees on the jobsite, including subcontractors that complies with this regulation:

Contractor/Subcontractor Name:

Contractor/Subcontractor Address:

Authorized Representative (typed or printed):

Authorized Representative (signature):

Title:

Sworn to and Subscribed before me this day of 20 .

My Commission expires . NOTARY PUBLIC .

THIS PAGE MUST BE SIGNED AND NOTARIZED FOR YOUR BID TO BE CONSIDERED.

PAGE

INTENTIONALLY

LEFT

BLANK

MORRIS COMMUNITY CORRECTIONAL CENTER STAIR TOWER ALTERATIONS

DOVER, DELAWARE MC3806000008

Tetra Tech GENERAL REQUIREMENTS

200-26912-17003 Addendum No. 1 00 81 13 - 1

SECTION 00 81 13

GENERAL REQUIREMENTS

TABLE OF ARTICLES

1. GENERAL PROVISIONS

2. OWNER

3. CONTRACTOR

4. ADMINISTRATION OF THE CONTRACT

5. SUBCONTRACTORS

6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

7. CHANGES IN THE WORK

8. TIME

9. PAYMENTS AND COMPLETION

10. PROTECTION OF PERSONS AND PROPERTY

11. INSURANCE AND BONDS

12. UNCOVERING AND CORRECTION OF WORK

13. MISCELLANEOUS PROVISIONS

14. TERMINATION OR SUSPENSION OF THE CONTRACT

STAIR TOWER ALTERATIONS MORRIS COMMUNITY CORRECTIONAL CENTER

MC3806000008 DOVER, DELAWARE

GENERAL REQUIREMENTS Tetra Tech

00 81 13 - 2 Addendum No. 1 200-26912-17003

1.1 CONTRACT DOCUMENTS

1.1.1 The intent of the Contract Documents is to include all items necessary for the proper

execution and completion of the Work by the Contractor. The Contract Documents are

complementary and what is required by one shall be as binding as if required by all.

Performance by the Contractor shall be required to an extent consistent with the Contract

Documents and reasonably inferable from them as being necessary to produce the intended

results.

1.1.2 Work including material purchases shall not begin until the Contractor is in receipt of a

bonafide State of Delaware Purchase Order. Any work performed or material purchases

prior to the issuance of the Purchase Order is done at the Contractor’s own risk and cost.

1.2 EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS

1.2.1 For Public Works Projects financed in whole or in part by state appropriation the

Contractor agrees that during the performance of this contract:

1. The Contractor will not discriminate against any employee or applicant for

employment because of race, creed, sex, color, sexual orientation, gender identity

or national origin. The Contractor will take positive steps to ensure that

applicants are employed and that employees are treated during employment

without regard to their race, creed, sex, color, sexual orientation, gender identity or

national origin. Such action shall include, but not be limited to, the following:

employment, upgrading, demotion or transfer; recruitment or recruitment

advertising; layoff or termination; rates of pay or other forms of compensation;

and selection for training, including apprenticeship. The Contractor agrees to

post in conspicuous places available to employees and applicants for

employment notices to be provided by the contracting agency setting forth this

nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed

by or on behalf of the Contractor, state that all qualified applicants will receive

consideration for employment without regard to race, creed, sex, color, sexual

orientation, gender identity or national origin.”

ARTICLE 2: OWNER

(NO ADDITIONAL GENERAL REQUIREMENTS – SEE SUPPLEMENTARY

GENERAL CONDITIONS)

ARTICLE 3: CONTRACTOR

3.1 Schedule of Values: The successful Bidder shall within twenty (20) days after receiving

notice to proceed with the work, furnish to the Owner a complete schedule of values on the

various items comprising the work.

3.2 Subcontracts: Upon approval of Subcontractors, the Contractor shall award their

Subcontracts as soon as possible after the signing of their own contract and see that all




200-26912-17003 Addendum No. 1 00 81 13 - 3

material, their own and those of their Subcontractors, are promptly ordered so that the work

will not be delayed by failure of materials to arrive on time.

3.3 Before commencing any work or construction, the General Contractor is to consult with the

Owner as to matters in connection with access to the site and the allocation of Ground

Areas for the various features of hauling, storage, etc.

3.4 The Contractor shall supervise and direct the Work, using the Contractor's best skill and

attention. The Contractor shall be solely responsible for and have control over construction

means, methods, techniques, sequences and procedures and for coordinating all portions of

the Work under the Contract, unless the Contract Documents give other specific

instructions.

3.5 The Contractor shall enforce strict discipline and good order among the Contractor's

employees and other persons carrying out the Contract. The Contractor shall not permit

employment of unfit persons or persons not skilled in tasks assigned to them.

3.6 The Contractor warrants to the Owner that materials and equipment furnished will be new

and of good quality, unless otherwise permitted, and that the work will be free from defects

and in conformance with the Contract Documents. Work not conforming to these

requirements, including substitutions not properly approved, may be considered defective.

If required by the Owner, the Contractor shall furnish evidence as to the kind and quality of

materials and equipment provided.

3.7 Unless otherwise provided, the Contractor shall pay all sales, consumer, use and other

similar taxes, and shall secure and pay for required permits, fees, licenses, and inspections

necessary for proper execution of the Work.

3.8 The Contractor shall comply with and give notices required by laws, ordinances, rules,

regulations, and lawful orders of public authorities bearing on performance of the Work.

The Contractor shall promptly notify the Owner if the Drawings and Specifications are

observed to be at variance therewith.

3.9 The Contractor shall be responsible to the Owner for the acts and omissions of the

Contractor's employees, Subcontractors and their agents and employees, and other persons

performing portions of the Work under contract with the Contractor.

3.10 The Contractor shall keep the premises and surrounding area free from accumulation of

waste materials or rubbish caused by operations under the Contract. At completion of the

Work the Contractor shall remove from and about the Project all waste materials, rubbish,

the Contractor's tools, construction equipment, machinery and surplus materials. The

Contractor shall be responsible for returning all damaged areas to their original conditions.

3.11 STATE LICENSE AND TAX REQUIREMENTS

3.11.1 Each Contractor and Subcontractor shall be licensed to do business in the State of

Delaware and shall pay all fees and taxes due under State laws. In conformance with

Section 2503, Chapter 25, Title 30, Delaware Code, "the Contractor shall furnish the

Delaware Department of Finance within ten (10) days after entering into any contract




00 81 13 - 4 Addendum No. 1 200-26912-17003

with a contractor or subcontractor not a resident of this State, a statement of total value

of such contract or contracts together with the names and addresses of the contracting

parties.”

3.12 The Contractor shall comply with all requirements set forth in Section 6962, Chapter 69,

Title 29 of the Delaware Code.

3.13 During the contract Work, the Contractor and each Subcontractor, shall implement an

Employee Drug Testing Program in accordance with OMB Regulation 4104 -

“Regulations for the Drug Testing of Contractor and Subcontractor Employees Working

on “Large Public Works Projects”. “Large Public Works” is based upon the current

threshold required for bidding Public Works as set by the Purchasing and Contracting

Advisory Council.

ARTICLE 4: ADMINISTRATION OF THE CONTRACT

4.1 CONTRACT SURETY

4.1.1 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

4.1.2 All bonds will be required as follows unless specifically waived elsewhere in the Bidding

Documents.

4.1.3 Contents of Performance Bonds – The bond shall be in the form approved by the Office

of Management and Budget. The bond shall be conditioned upon the faithful compliance

and performance by the successful bidder of each and every term and condition of the

contract and the proposal, plans, specifications, and bid documents thereof. Each term

and condition shall be met at the time and in the manner prescribed by the Contract, Bid

documents and the specifications, including the payment in full to every person

furnishing materiel or performing labor in the performance of the Contract, of all sums of

money due the person for such labor and materiel. (The bond shall also contain the

successful bidder’s guarantee to indemnify and save harmless the State and the agency

from all costs, damages and expenses growing out of or by reason of the Contract in

accordance with the Contract.)

4.1.4 Invoking a Performance Bond – The agency may, when it considers that the interest of

the State so require, cause judgement to be confessed upon the bond.

4.1.5 Within twenty (20) days after the date of notice of award of contract, the Bidder to whom

the award is made shall furnish a Performance Bond and Labor and Material Payment

Bond, each equal to the full amount of the Contract price to guarantee the faithful

performance of all terms, covenants and conditions of the same. The bonds are to be issued

by an acceptable Bonding Company licensed to do business in the State of Delaware and

shall be issued in duplicate.

4.1.6 Performance and Payment Bonds shall be maintained in full force (warranty bond) for a

period of two (2) years after the date of the Certificate for Final Payment. The

Performance Bond shall guarantee the satisfactory completion of the Project and that the

Contractor will make good any faults or defects in his work which may develop during the




200-26912-17003 Addendum No. 1 00 81 13 - 5

period of said guarantees as a result of improper or defective workmanship, material or

apparatus, whether furnished by themselves or their Sub-Contractors. The Payment Bond

shall guarantee that the Contractor shall pay in full all persons, firms or corporations who

furnish labor or material or both labor and material for, or on account of, the work included

herein. The bonds shall be paid for by this Contractor. The Owner shall have the right to

demand that the proof parties signing the bonds are duly authorized to do so.

4.2 FAILURE TO COMPLY WITH CONTRACT

4.2.1 If any firm entering into a contract with the State, or Agency that neglects or refuses to

perform or fails to comply with the terms thereof, the Agency which signed the Contract

may terminate the Contract and proceed to award a new contract in accordance with this

Chapter 69, Title 29 of the Delaware Code or may require the Surety on the Performance

Bond to complete the Contract in accordance with the terms of the Performance Bond.

Nothing herein shall preclude the Agency from pursing additional remedies as otherwise

provided by law.

4.3 CONTRACT INSURANCE AND CONTRACT LIABILITY

4.3.1 In addition to the bond requirements stated in the Bid Documents, each successful

Bidder shall purchase adequate insurance for the performance of the Contract and, by

submission of a Bid, agrees to indemnify and save harmless and to defend all legal or

equitable actions brought against the State, any Agency, officer and/or employee of the

State, for and from all claims of liability which is or may be the result of the successful

Bidder’s actions during the performance of the Contract.

4.3.2 The purchase or nonpurchase of such insurance or the involvement of the successful

Bidder in any legal or equitable defense of any action brought against the successful

Bidder based upon work performed pursuant to the Contract will not waive any defense

which the State, its agencies and their respective officers, employees and agents might

otherwise have against such claims, specifically including the defense of sovereign

immunity, where applicable, and by the terms of this section, the State and all agencies,

officers and employees thereof shall not be financially responsible for the consequences

of work performed, pursuant to said contract.

4.4 RIGHT TO AUDIT RECORDS

4.4.1 The Owner shall have the right to audit the books and records of a Contractor or any

Subcontractor under any Contract or Subcontract to the extent that the books and records

relate to the performance of the Contract or Subcontract.

4.4.2 Said books and records shall be maintained by the Contractor for a period of seven (7)

years from the date of final payment under the Prime Contract and by the Subcontractor

for a period of seven (7) years from the date of final payment under the Subcontract.

ARTICLE 5: SUBCONTRACTORS

5.1 SUBCONTRACTING REQUIREMENTS




00 81 13 - 6 Addendum No. 1 200-26912-17003

5.1.1 All contracts for the construction, reconstruction, alteration or repair of any public

building (not a road, street or highway) shall be subject to the following provisions:

1. A contract shall be awarded only to a Bidder whose Bid is accompanied by a

statement containing, for each Subcontractor category, the name and address

(city or town and State only – street number and P.O. Box addresses not

required) of the subcontractor whose services the Bidder intends to use in

performing the Work and providing the material for such Subcontractor

category.

2. A Bid will not be accepted nor will an award of any Contract be made to any

Bidder which, as the Prime Contractor, has listed itself as the Subcontractor for

any Subcontractor unless:

A. It has been established to the satisfaction of the awarding Agency that

the Bidder has customarily performed the specialty work of such

Subcontractor category by artisans regularly employed by the Bidder’s

firm;

B. That the Bidder is duly licensed by the State to engage in such specialty

work, if the State requires licenses; and

C. That the Bidder is recognized in the industry as a bona fide

Subcontractor or Contractor in such specialty work and Subcontractor

category.

5.1.2 The decision of the awarding Agency as to whether a Bidder who list itself as the

Subcontractor for a Subcontractor category shall be final and binding upon all Bidders,

and no action of any nature shall lie against any awarding agency or its employees or

officers because of its decision in this regard.

5.1.3 After such a Contract has been awarded, the successful Bidder shall not substitute

another Subcontractor for any Subcontractor whose name was set forth in the statement

which accompanied the Bid without the written consent of the awarding Agency.

5.1.4 No Agency shall consent to any substitution of Subcontractors unless the Agency is

satisfied that the Subcontractor whose name is on the Bidders accompanying statement:

A. Is unqualified to perform the work required;

B. Has failed to execute a timely reasonable Subcontract;

C. Has defaulted in the performance on the portion of the work covered by the

Subcontract; or

D. Is no longer engaged in such business.

5.1.5 Should a Bidder be awarded a contract, such successful Bidder shall provide to the agency

the taxpayer identification license numbers of such subcontractors. Such numbers shall be

provided on the later of the date on which such subcontractor is required to be identified or




200-26912-17003 Addendum No. 1 00 81 13 - 7

the time the contract is executed. The successful Bidder shall provide to the agency to

which it is contracting, within 30 days of entering into such public works contract, copies

of all Delaware Business licenses of subcontractors and/or independent contractors that

will perform work for such public works contract. However, if a subcontractor or

independent contractor is hired or contracted more than 20 days after the Bidder entered the

public works contract the Delaware Business license of such subcontractor or independent

contractor shall be provided to the agency within 10 days of being contracted or hired.

5.1.6 The Contractor may employ additional Subcontractors on the jobsite only after

submitting a copy of the Subcontractor’s Employee Drug Testing Program to the Owner

for approval. A Contractor or Subcontractor shall not commence work until the Owner

has concluded its review and determined that the submitted Employee Drug Testing

Program complies with OMB Regulation 4104.

5.2 PENALTY FOR SUBSTITUTION OF SUBCONTRACTORS

5.2.1 Should the Contractor fail to utilize any or all of the Subcontractors in the Contractor’s Bid

statement in the performance of the Work on the public bidding, the Contractor shall be

penalized in the amount of (project specific amount*). The Agency may determine to

deduct payments of the penalty from the Contractor or have the amount paid directly to the

Agency. Any penalty amount assessed against the Contractor may be remitted or refunded,

in whole or in part, by the Agency awarding the Contract, only if it is established to the

satisfaction of the Agency that the Subcontractor in question has defaulted or is no longer

engaged in such business. No claim for the remission or refund of any penalty shall be

granted unless an application is filed within one year after the liability of the successful

Bidder accrues. All penalty amounts assessed and not refunded or remitted to the

contractor shall be reverted to the State.

*one (1) percent of contract amount not to exceed $10,000

5.3 ASBESTOS ABATEMENT

5.3.1 The selection of any Contractor to perform asbestos abatement for State-funded projects

shall be approved by the Office of Management and Budget, Division of Facilities

Management pursuant to Chapter 78 of Title 16.

5.4 STANDARDS OF CONSTRUCTION FOR THE PROTECTION OF THE

PHYSICALLY HANDICAPPED

5.4.1 All Contracts shall conform with the standard established by the Delaware Architectural

Accessibility Board unless otherwise exempted by the Board.

5.5 CONTRACT PERFORMANCE

5.5.1 Any firm entering into a Public Works Contract that neglects or refuses to perform or

fails to comply with its terms, the Agency may terminate the Contract and proceed to

award a new Contract or may require the Surety on the Performance Bond to complete

the Contract in accordance with the terms of the Performance Bond.




00 81 13 - 8 Addendum No. 1 200-26912-17003

ARTICLE 6: CONSTRUCTION BY OWNER OR SEPARATE CONTRACTORS

6.1 The Owner reserves the right to simultaneously perform other construction or operations

related to the Project with the Owner's own forces, and to award separate contracts in

connection with other portions of the Project or other Projects at the same site.

6.2 The Contractor shall afford the Owner and other Contractors reasonable opportunity for

access and storage of materials and equipment, and for the performance of their activities,

and shall connect and coordinate their activities with other forces as required by the

Contract Documents.

ARTICLE 7: CHANGES IN THE WORK

7.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of

Additions, Deletions, Modifications or Substitutions, with the Contract Sum and Contract

completion date being adjusted accordingly. Such changes in the Work shall be authorized

by written Change Order signed by the Professional, as the duly authorized agent, the

Contractor and the Owner.

7.2 The Contract Sum and Contract Completion Date shall be adjusted only by a fully executed

Change Order.

7.3 The additional cost, or credit to the Owner resulting from a change in the Work shall be by

mutual agreement of the Owner, Contractor and the Architect. In all cases, this cost or

credit shall be based on the ‘DPE’ wages required and the “invoice price” of the

materials/equipment needed.

7.3.1 “DPE” shall be defined to mean “direct personnel expense”. Direct payroll expense

includes prevailing wage rates plus a maximum multiplier of 1.35 times DPE. For

example, if the prevailing wage rate is $50/hour, the DPE would be $67.50/hour (50 x

1.35).

7.3.2 “Invoice price” of materials/equipment shall be defined to mean the actual cost of materials

and/or equipment that is paid by the Contractor, (or subcontractor), to a material distributor,

direct factory vendor, store, material provider, or equipment leasing entity. Rates for

equipment that is leased and/or owned by the Contractor or subcontractor(s) shall not

exceed those listed in the latest version of the “Means Building Construction Cost Data”

publication.

7.3.3 In addition to the above, the General Contractor is allowed a fifteen percent (15%)

markup for overhead and profit for additional work performed by the General

Contractor’s own forces. For additional subcontractor work, the Subcontractor is

allowed a fifteen (15) percent overhead and profit on change order work above and

beyond the direct costs stated previously. To this amount, the General Contractor will be

allowed a mark-up not exceeding seven and one half percent (7.5%) on the

subcontractors work. These mark-ups shall include all costs including, but not limited

to: overhead, profit, bonds, insurance, supervision, etc. No markup is permitted on the

work of the subcontractors subcontractor. No additional costs shall be allowed for

changes related to the Contractor’s onsite superintendent/staff, or project manager,




200-26912-17003 Addendum No. 1 00 81 13 - 9

unless a change in the work changes the project duration and is identified by the CPM

schedule. There will be no other costs associated with the change order.

ARTICLE 8: TIME

8.1 Time limits, if any, are as stated in the Project Manual. By executing the Agreement, the

Contractor confirms that the stipulated limits are reasonable, and that the Work will be

completed within the anticipated time frame.

8.2 If progress of the Work is delayed at any time by changes ordered by the Owner, by labor

disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions,

unavoidable casualties or other causes beyond the Contractor's control, the Contract Time

shall be extended for such reasonable time as the Owner may determine.

8.3 Any extension of time beyond the date fixed for completion of the construction and

acceptance of any part of the Work called for by the Contract, or the occupancy of the

building by the Owner, in whole or in part, previous to the completion shall not be deemed

a waiver by the Owner of his right to annul or terminate the Contract for abandonment or

delay in the matter provided for, nor relieve the Contractor of full responsibility.

8.4 SUSPENSION AND DEBARMENT

8.4.1 Per Section 6962(d)(14), Title 29, Delaware Code, “Any Contractor who fails to perform a

public works contract or complete a public works project within the time schedule

established by the Agency in the Invitation To Bid, may be subject to Suspension or

Debarment for one or more of the following reasons: a) failure to supply the adequate

labor supply ratio for the project; b) inadequate financial resources; or, c) poor performance

on the Project.”

8.4.2 “Upon such failure for any of the above stated reasons, the Agency that contracted for

the public works project may petition the Director of the Office of Management and

Budget for Suspension or Debarment of the Contractor. The Agency shall send a copy of

the petition to the Contractor within three (3) working days of filing with the Director. If

the Director concludes that the petition has merit, the Director shall schedule and hold a

hearing to determine whether to suspend the Contractor, debar the Contractor or deny the

petition. The Agency shall have the burden of proving, by a preponderance of the

evidence, that the Contractor failed to perform or complete the public works project

within the time schedule established by the Agency and failed to do so for one or more of

the following reasons: a) failure to supply the adequate labor supply ratio for the

project; b) inadequate financial resources; or, c) poor performance on the project. Upon

a finding in favor of the Agency, the Director may suspend a Contractor from Bidding on

any project funded, in whole or in part, with public funds for up to 1 year for a first

offense, up to 3 years for a second offense and permanently debar the Contractor for a

third offense. The Director shall issue a written decision and shall send a copy to the

Contractor and the Agency. Such decision may be appealed to the Superior Court within

thirty (30) days for a review on the record.”

8.5 RETAINAGE




00 81 13 - 10 Addendum No. 1 200-26912-17003

8.5.1 Per Section 6962(d)(5) a.3, Title 29, Delaware Code: The Agency may at the beginning

of each public works project establish a time schedule for the completion of the project.

If the project is delayed beyond the completion date due to the Contractor’s failure to

meet their responsibilities, the Agency may forfeit, at its discretion, all or part of the

Contractor’s retainage.

8.5.2 This forfeiture of retainage also applies to the timely completion of the punchlist. A

punchlist will only be prepared upon the mutual agreement of the Owner, Architect and

Contractor. Once the punchlist is prepared, all three parties will by mutual agreement,

establish a schedule for its completion. Should completion of the punchlist be delayed

beyond the established date due to the Contractor’s failure to meet their responsibilities,

the Agency may hold permanently, at its discretion, all or part of the Contractor’s

retainage.

ARTICLE 9: PAYMENTS AND COMPLETION

9.1 APPLICATION FOR PAYMENT

9.1.1 Applications for payment shall be made upon AIA Document G702. There will be a five

percent (5%) retainage on all Contractor's monthly invoices until completion of the project.

This retainage may become payable upon receipt of all required closeout documentation,

provided all other requirements of the Contract Documents have been met.

9.1.2 A date will be fixed for the taking of the monthly account of work done. Upon receipt of

Contractor's itemized application for payment, such application will be audited, modified, if

found necessary, and approved for the amount. Statement shall be submitted to the Owner.

9.1.3 Section 6516, Title 29 of the Delaware Code annualized interest is not to exceed 12% per

annum beginning thirty (30) days after the “presentment” (as opposed to the date) of the

invoice.

9.2 PARTIAL PAYMENTS

9.2.1 Any public works Contract executed by any Agency may provide for partial payments at

the option of the Owner with respect to materials placed along or upon the sites or stored

at secured locations, which are suitable for use in the performance of the contract.

9.2.2 When approved by the agency, partial payment may include the values of tested and

acceptable materials of a nonperishable or noncontaminative nature which have been

produced or furnished for incorporation as a permanent part of the work yet to be

completed, provided acceptable provisions have been made for storage.

9.2.2.1 Any allowance made for materials on hand will not exceed the delivered cost of the

materials as verified by invoices furnished by the Contractor, nor will it exceed the

contract bid price for the material complete in place.

9.2.3 If requested by the Agency, receipted bills from all Contractors, Subcontractors, and

material, men, etc., for the previous payment must accompany each application for




200-26912-17003 Addendum No. 1 00 81 13 - 11

payment. Following such a request, no payment will be made until these receipted bills

have been received by the Owner.

9.3 SUBSTANTIAL COMPLETION

9.3.1 When the building has been made suitable for occupancy, but still requires small items of

miscellaneous work, the Owner will determine the date when the project has been

substantially completed.

9.3.2 If, after the Work has been substantially completed, full completion thereof is materially

delayed through no fault of the Contractor, and without terminating the Contract, the

Owner may make payment of the balance due for the portion of the Work fully completed

and accepted. Such payment shall be made under the terms and conditions governing final

payment that it shall not constitute a waiver of claims.

9.3.3 On projects where commissioning is included, the commissioning work as defined in the

specifications must be complete prior to the issuance of substantial completion.

9.4 FINAL PAYMENT

9.4.1 Final payment, including the five percent (5%) retainage if determined appropriate, shall be

made within thirty (30) days after the Work is fully completed and the Contract fully

performed and provided that the Contractor has submitted the following closeout

documentation (in addition to any other documentation required elsewhere in the Contract

Documents):

9.4.1.1 Evidence satisfactory to the Owner that all payrolls, material bills, and other indebtedness

connected with the work have been paid,

9.4.1.2 An acceptable RELEASE OF LIENS,

9.4.1.3 Copies of all applicable warranties,

9.4.1.4 As-built drawings,

9.4.1.5 Operations and Maintenance Manuals,

9.4.1.6 Instruction Manuals,

9.4.1.7 Consent of Surety to final payment.

9.4.1.8 The Owner reserves the right to retain payments, or parts thereof, for its protection until the

foregoing conditions have been complied with, defective work corrected and all

unsatisfactory conditions remedied.

ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY

10.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety

precautions and programs in connection with the performance of the Contract. The




00 81 13 - 12 Addendum No. 1 200-26912-17003

Contractor shall take all reasonable precautions to prevent damage, injury or loss to:

workers, persons nearby who may be affected, the Work, materials and equipment to be

incorporated, and existing property at the site or adjacent thereto. The Contractor shall give

notices and comply with applicable laws ordinances, rules regulations, and lawful orders of

public authorities bearing on the safety of persons and property and their protection from

injury, damage, or loss. The Contractor shall promptly remedy damage and loss to property

at the site caused in whole or in part by the Contractor, a Subcontractor, or anyone directly

or indirectly employed by any of them, or by anyone for whose acts they may be liable.

10.2 The Contractor shall notify the Owner in the event any existing hazardous material such as

lead, PCBs, asbestos, etc. is encountered on the project. The Owner will arrange with a

qualified specialist for the identification, testing, removal, handling and protection against

exposure or environmental pollution, to comply with applicable regulation laws and

ordinances. The Contractor and Architect will not be required to participate in or to

perform this operation. Upon completion of this work, the Owner will notify the

Contractor and Architect in writing the area has been cleared and approved by the

authorities in order for the work to proceed. The Contractor shall attach documentation

from the authorities of said approval.

10.3 As required in the Hazardous Chemical Information Act of June 1984, all vendors

supplying any materials that may be defined as hazardous, must provide Material Safety

Data Sheets for those products. Any chemical product should be considered hazardous if it

has a warning caution on the label relating to a potential physical or health hazard, if it is

known to be present in the work place, and if employees may be exposed under normal

conditions or in any foreseeable emergency situation. Material Safety Data Sheets must be

provided directly to the Owner along with the shipping slips that include those products.

10.4 The Contractor shall certify to the Owner that materials incorporated into the Work are free

of all asbestos. This certification may be in the form of Material Safety Data Sheet

(MSDS) provided by the product manufacturer for the materials used in construction, as

specified or as provided by the Contractor.

ARTICLE 11: INSURANCE AND BONDS

11.1 The Contractor shall carry all insurance required by law, such as Unemployment Insurance,

etc. The Contractor shall carry such insurance coverage as they desire on their own

property such as a field office, storage sheds or other structures erected upon the project

site that belong to them and for their own use. The Subcontractors involved with this

project shall carry whatever insurance protection they consider necessary to cover the loss

of any of their personal property, etc.

11.2 Upon being awarded the Contract, the Contractor shall obtain a minimum of two (2) copies

of all required insurance certificates called for herein, and submit one (1) copy of each

certificate, to the Owner, within 20 days of contract award.

11.3 Bodily Injury Liability and Property Damage Liability Insurance shall, in addition to the

coverage included herein, include coverage for injury to or destruction of any property

arising out of the collapse of or structural injury to any building or structure due to




200-26912-17003 Addendum No. 1 00 81 13 - 13

demolition work and evidence of these coverages shall be filed with and approved by the

Owner.

11.4 The Contractor's Property Damage Liability Insurance shall, in addition to the coverage

noted herein, include coverage on all real and personal property in their care, custody and

control damaged in any way by the Contractor or their Subcontractors during the entire

construction period on this project.

11.5 Builders Risk (including Standard Extended Coverage Insurance) on the existing building

during the entire construction period, shall not be provided by the Contractor under this

contract. The Owner shall insure the existing building and all of its contents and all this

new alteration work under this contract during entire construction period for the full

insurable value of the entire work at the site. Note, however, that the Contractor and their

Subcontractors shall be responsible for insuring building materials (installed and stored)

and their tools and equipment whenever in use on the project, against fire damage, theft,

vandalism, etc.

11.6 Certificates of the insurance company or companies stating the amount and type of

coverage, terms of policies, etc., shall be furnished to the Owner, within 20 days of contract

award.

11.7 The Contractor shall, at their own expense, (in addition to the above) carry the following

forms of insurance:

11.7.1 Contractor's Contractual Liability Insurance

Minimum coverage to be:

Bodily Injury $500,000 for each person

$1,000,000 for each occurrence

$1,000,000 aggregate

Property Damage $500,000 for each occurrence


11.7.2 Contractor's Protective Liability Insurance


Bodily Injury $500,000 for each person



Property Damage $500,000 for each occurrence

$500,000 aggregate

11.7.3 Automobile Liability Insurance




00 81 13 - 14 Addendum No. 1 200-26912-17003


Bodily Injury $1,000,000 for each person


Property Damage $500,000 per accident

11.7.4 Prime Contractor's and Subcontractors' policies shall include contingent and contractual

liability coverage in the same minimum amounts as 11.7.1 above.

11.7.5 Workmen's Compensation (including Employer's Liability):

11.7.5.1 Minimum Limit on employer's liability to be as required by law.

11.7.5.2 Minimum Limit for all employees working at one site.

11.7.6 Certificates of Insurance must be filed with the Owner guaranteeing fifteen (15) days prior

notice of cancellation, non-renewal, or any change in coverages and limits of liability

shown as included on certificates.

11.7.7 Social Security Liability

11.7.7.1 With respect to all persons at any time employed by or on the payroll of the Contractor or

performing any work for or on their behalf, or in connection with or arising out of the

Contractor’s business, the Contractor shall accept full and exclusive liability for the

payment of any and all contributions or taxes or unemployment insurance, or old age

retirement benefits, pensions or annuities now or hereafter imposed by the Government of

the United States and the State or political subdivision thereof, whether the same be

measured by wages, salaries or other remuneration paid to such persons or otherwise.

11.7.7.2 Upon request, the Contractor shall furnish Owner such information on payrolls or

employment records as may be necessary to enable it to fully comply with the law imposing

the aforesaid contributions or taxes.

11.7.7.3 If the Owner is required by law to and does pay any and/or all of the aforesaid contributions

or taxes, the Contractor shall forthwith reimburse the Owner for the entire amount so paid

by the Owner.

ARTICLE 12: UNCOVERING AND CORRECTION OF WORK

12.1 The Contractor shall promptly correct Work rejected by the Owner or failing to conform to

the requirements of the Contract Documents, whether observed before or after Substantial

Completion and whether or not fabricated, installed or completed, and shall correct any

Work found to be not in accordance with the requirements of the Contract Documents

within a period of two years from the date of Substantial Completion, or by terms of an

applicable special warranty required by the Contract Documents. The provisions of this

Article apply to work done by Subcontractors as well as to Work done by direct employees

of the Contractor.




200-26912-17003 Addendum No. 1 00 81 13 - 15

12.2 At any time during the progress of the work, or in any case where the nature of the defects

shall be such that it is not expedient to have them corrected, the Owner, at their option,

shall have the right to deduct such sum, or sums, of money from the amount of the contract

as they consider justified to adjust the difference in value between the defective work and

that required under contract including any damage to the structure.

ARTICLE 13: MISCELLANEOUS PROVISIONS

13.1 CUTTING AND PATCHING

13.1.1 The Contractor shall be responsible for all cutting and patching. The Contractor shall

coordinate the work of the various trades involved.

13.2 DIMENSIONS

13.2.1 All dimensions shown shall be verified by the Contractor by actual measurements at the

project site. Any discrepancies between the drawings and specifications and the existing

conditions shall be referred to the Owner for adjustment before any work affected thereby

has been performed.

13.3 LABORATORY TESTS

13.3.1 Any specified laboratory tests of material and finished articles to be incorporated in the

work shall be made by bureaus, laboratories or agencies approved by the Owner and reports

of such tests shall be submitted to the Owner. The cost of the testing shall be paid for by

the Contractor.

13.3.2 The Contractor shall furnish all sample materials required for these tests and shall deliver

same without charge to the testing laboratory or other designated agency when and where

directed by the Owner.

13.4 ARCHAEOLOGICAL EVIDENCE

13.4.1 Whenever, in the course of construction, any archaeological evidence is encountered on the

surface or below the surface of the ground, the Contractor shall notify the authorities of the

State Historic Preservation Office and suspend work in the immediate area for a reasonable

time to permit those authorities, or persons designated by them, to examine the area and

ensure the proper removal of the archaeological evidence for suitable preservation by the

Division of Historical and Cultural Affairs.

13.5 GLASS REPLACEMENT AND CLEANING

13.5.1 The General Contractor shall replace without expense to the Owner all glass broken during

the construction of the project. If job conditions warrant, at completion of the job the

General Contractor shall have all glass cleaned and polished.

13.6 WARRANTY




00 81 13 - 16 Addendum No. 1 200-26912-17003

13.6.1 For a period of two (2) years from the date of substantial completion, as evidenced by the

date of final acceptance of the work, the contractor warrants that work performed under this

contract conforms to the contract requirements and is free of any defect of equipment,

material or workmanship performed by the contractor or any of his subcontractors or

suppliers. However, manufacturer's warranties and guarantees, if for a period longer than

two (2) years, shall take precedence over the above warranties. The contractor shall

remedy, at his own expense, any such failure to conform or any such defect. The protection

of this warranty shall be included in the Contractor's Performance Bond.

ARTICLE 14: TERMINATION OF CONTRACT

14.1 If the Contractor defaults or persistently fails or neglects to carry out the Work in

accordance with the Contract Documents or fails to perform a provision of the Contract, the

Owner, after seven days written notice to the Contractor, may make good such deficiencies

and may deduct the cost thereof from the payment then or thereafter due the Contractor.

Alternatively, at the Owner's option, and the Owner may terminate the Contract and take

possession of the site and of all materials, equipment, tools, and machinery thereon owned

by the Contractor and may finish the Work by whatever method the Owner may deem

expedient. If the costs of finishing the Work exceed any unpaid compensation due the

Contractor, the Contractor shall pay the difference to the Owner.

14.2 “If the continuation of this Agreement is contingent upon the appropriation of adequate

state, or federal funds, this Agreement may be terminated on the date beginning on the

first fiscal year for which funds are not appropriated or at the exhaustion of the

appropriation. The Owner may terminate this Agreement by providing written notice to

the parties of such non-appropriation. All payment obligations of the Owner will cease

upon the date of termination. Notwithstanding the foregoing, the Owner agrees that it

will use its best efforts to obtain approval of necessary funds to continue the Agreement

by taking appropriate action to request adequate funds to continue the Agreement.”

END OF SECTION

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MORRIS COMMUNITY CORRECTIONAL CENTER STAIR TOWER ALTERATIONS DOVER, DELAWARE MC3806000008

Tetra Tech DRUG TESTING REPORT FORM

200-26912-17003 Addendum No. 1 00 81 14 -1

EMPLOYEE DRUG TESTING REPORT FORM

Period Ending:

4104 Regulations for the Drug Testing of Contractor and Subcontractor Employees Working on

Large Public Works Projects requires that Contractors and Subcontractors who work on Large

Public Works Contracts funded all or in part with public funds maintain testing data that includes

but is not limited to the data elements below.

Project Number:

Project Name:



Number of employees who worked on the jobsite during the report period:

Number of employees subject to random testing during the report period:

Number of Negative Results Number of Positive Results

Action taken on employee(s) in response to a failed or positive random test:

Date: _______________

This form is not required to be submitted to the Owner. Included as a reference to show

information required to be maintained by the Contractor. The Owner shall have the right to

periodically audit all Contractor and Subcontractor test results at the Contractor’s or

Subcontractor’s offices (or by other means to make the data available for inspection by the

Owner).



DRUG TESTING REPORT FORMS Tetra Tech

00 81 14 -2 200-26912-17003

EMPLOYEE DRUG TESTING

REPORT OF POSITIVE RESULTS

4104 Regulations for the Drug Testing of Contractor and Subcontractor Employees Working on

Large Public Works Projects requires that Contractors and Subcontractors who work on Large

Public Works Contracts funded all or in part with public funds to notify the Owner in writing of

a positive random drug test.

Project Number:

Project Name:



Name of employee with positive test result:

Last 4 digits of employee SSN:

Date test results received:

Action taken on employee in response to a positive test result:

Authorized Representative of Contractor/Subcontractor:

(typed or printed)

Authorized Representative of Contractor/Subcontractor:

(signature)

Date: _______________

This form shall be sent by mail to the Owner within 24 hours of receipt of test results.

Enclose this test results form in a sealed envelope with the notation "Drug Testing Form – DO

NOT OPEN" on the face thereof and place in a separate mailing envelope.

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